Cooper v. Henderson

MARTIN (Robert M.), Judge.

Plaintiffs sole question on appeal is whether the trial court erred in granting the defendant’s motion for a directed verdict. Our Supreme Court in Kelly v. Harvester Co., 278 N.C. 153, 158, 179 S.E. 2d 396, 398 (1971) stated the rule that “[o]n a motion by a defendant for a directed verdict in a jury case, the court must consider all the evidence in the light most favorable to the plaintiff and may grant the motion only if, as a matter of law, the evidence is insufficient to justify a verdict for the plaintiff.” (Citation omitted.)

The key in this case is whether…